Punishment Things V. Litigation Method (2013 Edition) [A]

Copy editor:TheMaitreyaEstreat date: January 8, 2013　　

The criminal procedure law of the people's Republic of China

The National People's Congress

The criminal procedure law of the people's Republic of China

(in July 1, 1979 fifth session of the National People's Congress by the second meeting of the Eighth National People's Congress in March 17, 1996 fourth session "on Revision of 'of the people's Republic of China Criminal Procedure Law' decision" the first amendment according to the March 14, 2012 Eleventh National People's Congress fifth conference "on the revision of 'of the people's Republic of China Criminal Procedure Law' decision" the Second Amendment)

Catalog

Part I General Provisions
The first chapter, aim and basic principles
The second chapter jurisdiction
The third chapter avoidance
The fourth chapter defence and representation
The fifth chapter evidence
The sixth chapter compulsory measures
The seventh chapter of incidental civil action
The eighth chapter, during the service
Other provisions of chapter ninth
Second filing a case, investigation and prosecution
The first chapter case
The second chapter investigation
Section 1 General Provisions
The second section the interrogation of criminal suspects
The third section of questioning the witness
The fourth section inspection, inspection
The fifth section
The sixth section attachment, seizure of evidence, documentary evidence
The seventh section identification
The eighth sectionTechnical investigation measures
The Ninth Section
Section tenth investigation
In section eleventh, the people's Procuratorate investigation of cases directly accepted by the
The third chapter to prosecute
Third series of trials
The first chapter of trial organization
The second chapter is the procedure of first instance
The first day of public prosecution cases
Section second cases of private prosecution
The third section summary procedure
The third chapter to the procedure of second instance
The fourth chapter is the review procedure of death penalty
The fifth chapter is the procedure for trial supervision
Fourth Executive
The fifth seriesThe special procedure
First chapterA minor procedure of criminal case
The second chapterThe parties reconciliation in cases of public prosecution procedure
The third chapterThe suspect, the defendant, escaping death cases of illegal income confiscated program
The fourth chapterThe mental patient does not bear criminal responsibility according to the law of compulsory medical procedures
AttachedThen

Part I General Provisions

The first chapter, aim and basic principles

Article 1 in order to guarantee the correct implementation of the criminal law, punishing crimes, protecting the people, safeguarding state and public security, maintaining the socialist social order, according to the constitution, this law is enacted.

Article second of the criminal procedure law of the people's Republic of China is the task, to ensure accurate, timely find out the facts of the crime, the correct application of the law, punishment of criminals, to protect innocent people from criminal prosecution, to educate citizens to consciously abide by the law, actively struggle against criminal acts, safeguard the socialist legal system, respect and safeguard human rights, protect the citizens personal rights, property rights, democratic rights and other rights, guarantee the smooth progress of socialist construction.

Article third of criminal cases investigation, detention, arrest, pre-trial, public security organs shall be responsible for. Approval of arrest, prosecution, procuratorial organs investigation of cases directly accepted by the prosecution, the people's Procuratorate, responsible for. The trial by the people's court shall be responsible for the. Except as otherwise provided by law, any other organs, organizations and individuals have no right to exercise such powers.

The people's court, the people's procuratorates and the public security organs in conducting criminal proceedings, the relevant regulations must be strictly abide by this Law and other laws.

Article fourth the state security organs in accordance with the law, handle cases of crimes that endanger State security, and the public security organs exercise the same powers.

Article fifth the people's court in accordance with the law to exercise judicial power independently in accordance with the law, the people's procuratorates exercise procuratorial power independently, not by administrative organs, social groups and individuals.

Article sixth the people's courts, the people's procuratorates and the public security organs in conducting criminal proceedings, must rely on the masses, must take the facts as the basis, take the law as the criterion. For all citizens, all are equal before the law, in front of the law, no privileges allow.

Article seventh the people's courts, the people's procuratorates and the public security organs shall, in conducting criminal proceedings, the division of responsibilities, cooperate with each other, mutual constraints, to ensure the correct and effective enforcement of the law.

Article eighth the people's Procuratorate to exercise legal supervision over criminal procedure.

Article ninth citizens of all nationalities have the national language of litigation rights. The people's court, the people's procuratorates and the public security organs to not understand the local language lawsuit participates in a person, should provide for their translation.

The minority or ethnic areas, should be tried in the language or languages, commonly used in the locality issue judgments, notices and other documents of the text.

Article tenth the people's court cases, the two-tier trial system.

Article eleventh the people's court cases, unless otherwise prescribed in this law, shall be heard in public. The accused has the right to defence, the people's courts shall have the duty to guarantee the defendant to defence.

Article twelfth without the approval of the people's court to sentence, no person shall be found guilty.

Article thirteenth in accordance with the people's court, people's assessors taking part in trials of this Law system.

The fourteenth people's court, the people's procuratorates and the public security organs shall protect the suspect, the defendant and other participants in the proceedings shall have the right to counsel and other litigation rights.

Participants in the proceedings for the judges, procurators and investigators violations of civil litigation rights and personal insult, has the right to sue.

Article fifteenth in any of the following circumstances, no criminal responsibility, have been held, it shall revoke the case, or not to prosecute, or termination of the trial, or declared innocent:

(a) plot remarkable slight, little harm, not deemed a crime;

(two) the limitation period for prosecution of the crime has been;

(three) the amnesty exemption from punishment;

(four) in accordance with the criminal law that crime, or withdraw to tell not tell;

(five) the suspect, the defendant's death;

(six) other laws provide an exemption from investigation of criminal responsibility.

Article sixteenth for the foreigners who commit crimes shall be investigated for criminal responsibility, apply the provisions of this law.

For foreigners who enjoy diplomatic privileges and immunities shall be investigated for criminal responsibility of the crime, be resolved through diplomatic channels.

Seventeenth according to the international treaties concluded or acceded to by the people's Republic of China, or in accordance with the principle of reciprocity, the judicial organs of China and foreign judicial authorities may request each other to criminal judicial assistance.

The second chapter jurisdiction

Article eighteenth of criminal cases investigation conducted by the public security organs, except as otherwise stipulated by law.

The crime of corruption and bribery, national staff malfeasance crime, the State functionary carry illegal detention, torture to extract confessions, revenge against unlawful search of, criminal violation of civil rights and infringement of citizens' democratic rights of the crime, the people's Procuratorate investigation. For the case of state functionary carry other grave crimes committed, need to be handled directly by the people's Procuratorate, the people's Procuratorate at the provincial level and above, by the people's Procuratorate investigation.

Cases of private prosecution shall be handled directly by the people's court.

Article nineteenth the basic people's court as the court of first instance criminal cases, but in accordance with this law, the superior people's court jurisdiction except.

The twentieth intermediate people's court shall have jurisdiction over the following criminal cases of first instance:

(a) to endanger national security, terrorism cases;

(two) may be sentenced to life imprisonment, the death penalty cases.

The higher people's Court of jurisdiction article twenty-first of criminal cases of first instance, is the province (autonomous region, municipality directly under the central government) major criminal cases.

The Supreme People's court shall be under the jurisdiction of twenty-second criminal cases of first instance, is a major criminal cases nationwide.

Article twenty-third the people's court when necessary, can be under the jurisdiction of the lower level people's court trial of criminal cases of first instance; if a people's court case that the major, complicated by the need for a superior people's court trial of criminal cases of first instance, you can request a transfer on the trial level court.

Article twenty-fourth of criminal cases shall be under the jurisdiction of the people's court to the crime. If the defendant resides to the people's court is more appropriate, can be under the jurisdiction of the people's court settlements by the defendant.

Article twenty-fifth a few of the people's courts have jurisdiction over a case, the people's court that first accepted by. When necessary, can be transferred to the main criminal trial of the people's court.

Twenty-sixth a superior people's court may designate an inferior people's court for jurisdiction of unknown cases, can also be specified if the people's court to transfer the case to another people's court for trial.

Jurisdiction twenty-seventh special cases in the people's courts shall be stipulated separately.

The third chapter avoidance

Any of the following circumstances twenty-eighth judges, prosecutors, investigators, shall voluntarily withdraw, the parties and their legal representatives shall have the right to request him to withdraw:

(a) is a party to the case or a near relative of the party;

(two) interested himself or his close relatives and the case;

(three) served as the case of the witnesses, authenticators, the defender, agent ad litem;

(four) there are other relationship with a party to the case, which may affect the impartial handling of the case.

Twenty-ninth judges, prosecutors, investigators shall not accept the parties and the entrusted people's dinners, may meet with the parties and the entrusted person in violation of regulations.

The judges, prosecutors, investigators in violation of the provisions of the preceding paragraph, shall be investigated for legal responsibility according to law. The parties and their legal representatives shall have the right to request him to withdraw.

Avoid the thirtieth judges, prosecutors, investigators, shall be respectively by the president of the court, prosecutor, the head of a public security organ; the withdrawal of the president, decided by the court's Judicial Committee; the prosecutor and the head of a public security organ avoidance, determined by the Procuratorial Committee of the people's procuratorate at the same level.

Avoidance of investigators before making a decision, the investigators could not stop the investigation of a case.

For withdrawal, the parties and their legal representative may apply for reconsideration once.

Article thirty-firstThis chapter is about the withdrawal shall apply to court clerks, interpreters and identification of human.

The defender, agent ad litem may require avoidance, apply for reconsideration in accordance with the provisions of this chapter.

The fourth chapter defence and representation

Article thirty-second of criminal suspects and defendants, in addition to exercising the right to defend himself, also may entrust one or two persons as his defenders. The following persons may be appointed as the defender:

(a) a lawyer;

(two) recommend people groups or criminal suspects, defendants unit person;

(three) the suspect, the defendant's guardian, relatives and friends.

In accordance with the law are under criminal punishment or deprivation, restriction of personal freedom of the people, shall not serve as defenders.

Thirty-third suspects from the first interrogation by the investigatory organ or coercive measures taken to date, has the right to entrust defenders; in the investigation period, can only be entrusted lawyer. The accused has the right to entrust defenders at any time.

When the investigation organ to take coercive measures of criminal suspects in the interrogation of a criminal suspect or the first time, it shall inform the criminal suspect has the right to entrust defenders. The people's Procuratorate after receiving the case transferred for examination before prosecution within three days, should inform the suspect has the right to entrust defenders. The people's court shall accept the case within three days, it shall inform the defendant has the right to entrust defenders. The suspect, the defendant in custody requests entrust a defender, the people's court, the people's procuratorates and the public security organs shall promptly convey the requirements.

The suspect, the defendant in custody, also by the guardian, close relatives to entrust defenders.

The defenders by criminal suspect, defendant after commissioning, it shall promptly inform the court authority.

Article thirty-fourth of criminal suspects and defendants, due to financial difficulties or other reasons, has not entrusted a defender, and near relatives may apply to legal aid institutions. To meet the conditions of legal aid, legal aid agencies shall appoint lawyers to defend the.

The suspect, the defendant is blind, deaf, mute, or is a mental patient who has not completely lost the ability to recognize or control his own conduct, not entrust a defender, the people's court, the people's procuratorates and the public security organs shall inform the legal aid institutions appoint lawyers to provide justification for the.

The suspect, the defendant may be sentenced to life imprisonment or death, did not entrust a defender, the people's court, the people's procuratorates and the public security organs shall inform the legal aid institutions appoint lawyers to defend the.

Article thirty-fifth the defender's responsibility is proposed according to the facts and law, materials and opinions of criminal suspects, defendants not guilty, a mitigated punishment or exemption from criminal responsibility, criminal suspects, defendants, safeguard the litigation rights and other lawful rights and interests.

Thirty-sixth defense lawyers in the investigation period can provide legal assistance for criminal suspects; complaints, charges; apply for alteration of the compulsory measures; to the investigation organ about the crime suspect guilty and case, put forward opinions.

Thirty-seventh defense lawyers with the criminal suspect in custody, meet and correspond with the defendant. Other defenders, with permission of the people's court, the people's Procuratorate, may also with the criminal suspect in custody, meet and correspond with the defendant.

Defense lawyers the lawyer's practicing certificate, proof of lawyers and legal aid attorney or letter requesting a meeting with the suspect, the defendant in custody, detention house shall arrange to meet, not later than forty-eight hours.

Crimes of endangering national security, terrorism crime, crime of particularly great bribery case, in the period of investigation lawyer meets with the criminal suspect in custody, it shall obtain the permission of the investigation organ. Of these cases, the investigation organ shall notify the.

Defense lawyers meet the suspect, the defendant, the understanding of the circumstances of the case, to provide legal consulting; since the case is transferred for examination before prosecution date, may apply to the criminal suspects and defendants, verify the relevant evidence. Defense lawyers met the suspect, the defendant is not to be monitored.

The defense lawyer with the criminal suspects, defendants met, communication, applies the first, third, fourth.

Thirty-eighth defense lawyers of the people's Procuratorate date, consult, extract, copy the file material. Other defenders, with permission of the people's court, the people's Procuratorate, may also consult, extract, duplicate the above mentioned material.

Article thirty-ninth the defender believes in the investigation, review and prosecution, the people's Procuratorate collected during the public security organs to prove the suspect, defendant not guilty evidence not submitted, shall have the right to apply for access to the people's Procuratorate, the people's court.

The suspect fortieth defenders collected not at the scene of the crime, does not reach the age of criminal responsibility, mental patients belongs to not bear criminal responsibility in accordance with the law of evidence, it shall timely inform the public security organ, the people's procuratorate.

Forty-first defense lawyers with the consent of the witnesses or other relevant units and individuals, can collect information pertaining to the current case to them, can also apply to the people's Procuratorate, the people's court for the collection and obtaining of evidence, or request the people's court to inform the witnesses to testify in court.

Defense lawyers with permission of the people's Procuratorate or the people's court, and the victim victims or their close relatives, provide witness agree, can collect information pertaining to the current case to them.

Forty-second counsel or any other person, shall help the criminal suspects, defendants to conceal, destroy or falsify evidence, or collusion, threatening, luring witnesses to give false testimony or conduct other acts of interference proceedings of the judicial organs.

In violation of the provisions of the preceding paragraph, shall be investigated for legal responsibility according to law, defendants suspected of a crime, the case shall be undertaken by outside counsel for the investigating authority. The defender is a lawyer, it shall timely notify the law firm or the lawyers' association.

Forty-third during the trial, the defendant may refuse to have his defender continue to defend him, may also entrust another defender defense.

The forty-fourth victim in a case of public prosecution and their legal representatives or near relatives, the party in an incidental civil action and the legal agent, since the date of the case is transferred for examination before prosecution, have the right to entrust agents ad litem. Cases of private prosecution and their legal representatives, the party in an incidental civil action and the legal agent, has the right to entrust agents ad litem.

The people's Procuratorate after receiving the case transferred for examination before prosecution within three days, it shall inform the victim and his legal representatives or their close relatives, the party in an incidental civil action and their legal representatives shall have the right to entrust agents ad litem. The people's court after accepting a case of private prosecution, within three days, it shall inform the prosecutor and his legal representative, the party in an incidental civil action and their legal representatives shall have the right to entrust agents ad litem.

Article forty-fifth agent ad litem by reference to the provisions of this law, article thirty-second.

And the information about the forty-sixth defense attorney known in practice, have the right to keep confidential. However, defense lawyers in the practice activities, aware of the client or other people, or are being implemented to endanger national security, public safety and serious endanger the personal safety of the crime, the judicial organ shall timely inform the.

Article forty-seventh the defenders and agents ad litem, think that the public security organs, people's Procuratorate, the people's court and its personnel impede their exercise their litigation rights according to law, have the right to sue to the same level or the people's Procuratorate at a higher level to file a complaint or. The people's Procuratorate to appeal or accusation shall timely carry out the examination, is the case, notify the relevant authorities to rectify.

The fifth chapter evidence

Article forty-eighthCan be used to prove the material facts of the case, is evidence.

Evidence includes:

(a) evidence;

(two) documentary evidence;

(three) the testimony of a witness;

(four) statement of the victim;

(five) the suspect, the defendant confession and exculpation;

(six) the expert opinion;

(seven) the inquest, inspection, identification, Investigative Experiment record;

(eight) the audio-visual, electronic data.

Evidence must be verified before it can be taken as a basis.

Article forty-ninthBurden of proof of the defendant guilty in the case of public prosecution shall be borne by the people's Procuratorate, the burden of proof of defendant guilty the case of private prosecution shall be borne by the private prosecutor.

Fiftieth judges, prosecutors and investigators must, in accordance with legal procedures, to prove the criminal suspect, defendant's guilt or innocence, crime seriousness of evidence. Prohibit torture to extract confessions and to collect evidence by threat, enticement, deceit and other illegal methods, no person shall be forced to prove himself to be guilty. Must ensure that all relevant to the case or to understand the citizen, has objectively and fully provides evidence of the conditions, except in special circumstances, can be brought in to help the investigation.

Article fifty-first approved by the public security organs, people's Procuratorate indictment of arrest, the people's court judgment, must be faithful to the facts. Intentionally conceals the facts, shall be investigated for responsibility.

Article fifty-second the people's courts, the people's procuratorates and the public security organs shall have the authority to the relevant units and individuals collected, obtaining of evidence. The relevant units and individuals shall provide truthful evidence.

Administrative organs in administrative law enforcement and investigation to collect evidence, documentary evidence in the case, audio-visual materials, electronic data evidence, in criminal proceedings can be used as evidence.

Involving state secrets, commercial secrets, personal privacy shall be kept confidential evidence.

Those who forge evidence, hiding evidence or destroy evidence, no matter where, must be investigated under the law.

Fifty-third of all cases are to be sentenced to the weight of evidence, investigation and study, not credulous. Only the accused confessed, no other evidence, not the defendant is found guilty and sentenced to a criminal punishment; without the confession of the accused, the evidence is reliable and sufficient, can the defendant is found guilty and sentenced to a criminal punishment.

The evidence is reliable and sufficient, the applicant shall meet the following conditions:

(a) the conviction and sentencing facts have evidence;

(two) according to the verdict evidence are verified by the statutory procedures;

(three) the comprehensive evidence of the case, the fact is beyond reasonable doubt.

Fifty-fourth using torture to extract confessions and other illegal methods to collect the suspect, defendant's confession and using violence, threats and other illegal methods to collect the testimony of witnesses, victims' statements, should be excluded. The collection of physical evidence, documentary evidence does not meet the statutory procedures, may seriously affect judicial justice, shall be corrected or make reasonable explanations; no correction or to make a reasonable explanation, the evidence should be excluded.

In the investigation, prosecution, trial found the evidence should be excluded, should be excluded in accordance with the law, shall not be used as prosecution, prosecution and judgment basis.

Article fifty-fifth the people's Procuratorate received a report, complaint, report or the discovery of the illegal methods to collect evidence, shall conduct investigation and verification. To do to illegal methods to collect evidence situation, should put forward rectification opinions; constitutes a crime, shall be investigated for criminal responsibility according to law.

Process fifty-sixth court, judges that may exist in the fifty-fourth article of this law to illegal methods to collect evidence, shall be the court investigation evidence collection of legitimacy.

The party and the defender, agent ad litem shall have the right to request the people's court to illegal methods to collect evidence shall be excluded. For the exclusion of illegal methods to collect evidence, shall provide relevant clues or materials.

Article fifty-seventhThe process of the court investigation in the legitimacy of evidence collection in, the people's Procuratorate shall on the legitimacy of the evidence collection proved.

The existing evidence can not prove the legitimacy of evidence collection, the people's Procuratorate may petition the people's court to inform the relevant investigation or other personnel to appear in court to explain the situation; the people's court may notify the relevant investigation or other personnel to appear in court to explain the situation. The investigation personnel or other personnel also may request the court to explain the situation. After the people's court shall notify the relevant personnel shall appear in court.

Article fifty-eighth for after the court, to confirm or cannot rule out the existence of the fifty-fourth article of this law to illegal methods to collect evidence, the evidence should be excluded.

Article fifty-ninth the testimony of witnesses in court by the public prosecutor, the victim and the defendant, the defenders both evidence and found later, can be used as a basis. The court witness has intentionally given false testimony or conceal evidence, shall be dealt with according to law.

Article sixtiethThose who know the circumstances of the case, have the obligation to testify.

Defective or young physically, mentally, to distinguish right from wrong, cannot properly express themselves, not witness.

Article sixty-firstThe people's court, the people's procuratorates and the public security organs shall guarantee the safety of witnesses and their near relatives.

The threat of witnesses and their close relatives, insult, assault or take revenge, which constitutes a crime, shall be investigated for criminal responsibility according to law; not serious enough for criminal punishment, the public security administration punishment law.

Article sixty-second for the crimes of endangering national security, terrorism, organized crimes of the underworld crime, drugs, the witnesses and expert witnesses, victims when testifying in a lawsuit, himself or his close relatives and personal safety risk, the people's court, the people's Procuratorate and the public security organs shall take the following one or several protection measures:

(a) individual information is not publicly real full name, address and work units;

(two) take not to expose the appearance, voice of such measures to testify in court;

(three) prohibited personnel contact, specific identification of witnesses, victims and their close relatives;

(four) to take special protective measures for personal and residential;

(five) other necessary protective measures.

The witnesses and expert witnesses, victims believe that witness in lawsuit, himself or his close relatives and personal safety risk, may apply to the people's court, the people's Procuratorate, the public security organ shall protect the request.

The people's court, the people's Procuratorate, public security organ shall take protective measures, the relevant units and individuals shall cooperate with the.

Sixty-third witnesses had testified to fulfill the obligation and expenditure of transportation, accommodation, meals and other expenses, shall grant. Witnesses in the judicial organ business funds subsidies shall be guaranteed by the government.

Work units and witness, where the units are not deduct explicitly or implicitly wages, bonuses and other benefits.

The sixth chapter compulsory measures

Article sixty-fourthThe people's court, the people's procuratorates and the public security organs shall, according to the circumstances of the case, the suspect, the defendant can summon, bail or residential surveillance.

Article sixty-fifthThe people's court, the people's procuratorates and the public security organ to have one of the following cases of criminal suspects, defendants, can bail:

(a) may be sentenced to public surveillance, detention or independent additional penal apply;

(two) may be sentenced penalty above, release on bail will not take the danger to the society;

(three) suffering from a serious illness, the life cannot provide for oneself, pregnant or breast-feeding her baby, release on bail will not take the danger to the society;

(four) detention period expires, the case has not yet completed, need to take bail.

Bail enforcement by the public security organs.

The sixty-sixth people's court, people's Procuratorate and the public security organs shall decide on the suspect, the defendant shall be ordered to bail, the suspect, the defendant to provide a guarantor or pay money.

Article sixty-seventh the guarantor must meet the following conditions:

(a) is not involved in this case;

(two) the ability to perform warranty obligations;

(three) political rights, not subjected to restriction of personal freedom;

(four) have a fixed residence and income.

Article sixty-eighthThe guarantor shall perform the following obligations:

(a) supervision is the guarantee to comply with the provisions of article sixty-ninth of this law;

(two) found that the guarantor may occur or has occurred in violation of this law the provisions of article sixty-ninth of the act, shall promptly report to the executing organ.

Be surety for violation of the law sixty-ninth stipulation behavior, the guarantor fails to perform the obligation of guarantee, the guarantor shall be fined, which constitutes a crime, shall be investigated for criminal responsibility according to law.

Article sixty-ninthBy the criminal suspect, defendant bail shall observe the following provisions:

(a) without the approval of the organ executing shall not leave the living city, county;

(two) address, work units and contact information changes, in twenty-four hours to inward executive report;

(three) in the time to;

(four) not to interfere in any form of witness;

(five) shall not destroy or falsify evidence, or collusion.

The people's court, the people's procuratorates and the public security organ may according to the circumstances of the case, shall be ordered to be criminal suspects, defendants on bail the following one or more:

(a) shall not be allowed to enter the specific place;

(two) with no specific staff meeting or communication;

(three) shall not engage in certain activities;

(four) the passport and other travel documents, documents, the executing organ preservation driving.

By the criminal suspect, the defendant on bail in violation of the provisions of the preceding two paragraphs, have to pay a deposit, the confiscation of part or all of the deposit, and the difference between the situation, the suspect, the defendant shall be ordered to sign a statement of repentance, to pay margin, the guarantor, or for residential surveillance, he shall be arrested.

For breach of bail provisions, need to be arrested, the suspect, defendant custody.

The decision-making organ seventieth bail should be considered to ensure the normal activity of the lawsuit, be social danger bail people, nature, circumstances of case, may be sentenced to a punishment, is released on bail pending trial of economic situation, determine the amount of the deposit.

Providing margin shall be deposited into the margin account executive specialized organs designated bank.

Article seventy-first of criminal suspects, defendants on bail period did not violate the provisions of article sixty-ninth, when the end of the guarantor pending trial, by notice to remove the bail pending trial or the relevant legal documents to the bank for the refund of deposit.

Article seventy-secondThe people's court, the people's procuratorates and the public security organs to meet the conditions of arrest, in any of the following circumstances of criminal suspects, defendants, to residential surveillance:

(a) with a serious disease, the life cannot provide for oneself;

(two) pregnant or breast-feeding her baby;

(three) the only supporter, life can not take care of the people;

(four) because of the need for the special circumstances of the case or the handling of cases, take measures are more suitable for residential surveillance;

(five) detention period expires, the case has not yet completed, need to residential surveillance measures.

To meet the bail conditions, but the suspect, the defendant cannot provide a guarantor, do not pay the deposit, to residential surveillance.

Residential surveillance shall be executed by a public security organ.

Seventy-third residential surveillance shall be carried out in the criminal suspect, the defendant's; no fixed residence, can be specified in the residence of execution. For the alleged crimes against national security, terrorism crime, crime of particularly great bribery, in the shelter implementation may hinder the investigation, the approval of the people's Procuratorate at the next higher level or the public security organ, also can be in the designated residence execution. But, not in the place of custody, special case handling place execution.

The specified home residential surveillance, in addition to not notice, should be in the implementation of residential surveillance within twenty-four hours after notification under residential surveillance, the families of the people.

Criminal suspects, defendants to entrust defenders, this Law shall apply to the thirty-third.

The supervision of people's Procuratorate to specify the decision and implementation of residential surveillance is legal residence.

Article seventy-fourth designated residence residential surveillance shall to be shortened. Be sentenced to control, surveillance, the term is to be shortened by a day; sentenced to criminal detention, fixed-term, residential surveillance for two days to be shortened by one day.

Article seventy-fifthBy the criminal suspect, defendant residential surveillance shall observe the following provisions:

(a) without the approval of the organ executing the implementation of residential surveillance shall not be allowed to leave the premises;

(two) without the approval of the organ executing the communication or others may not be met;

(three) in the time to;

(four) not to interfere in any form of witness;

(five) shall not destroy or falsify evidence, or collusion;

(six) the passport and other travel documents, identity documents, documents, the executing organ preservation driving.

By the criminal suspect, defendant under residential surveillance violates the provisions of the preceding paragraph, if the circumstances are serious, can be arrested; need to be arrested, the suspect, defendant custody.

Article seventy-sixth the executing organ for criminal suspects, defendants, can adopt the electronic monitoring, not regular inspection monitoring method for monitoring compliance with the provisions of the residential surveillance; in the period of investigation, can pass the letter on the criminal suspects to monitor.

The seventy-seventh people's court, the people's procuratorates and the public security organs of criminal suspects, defendants bail shall not exceed twelve months, residential surveillance shall not exceed six months.

Bail pending trial, surveillance, investigation, the case shall not be suspended prosecution and trial. The discovery should not be investigated for criminal responsibility or bail, residential surveillance period expires, shall promptly release the bail, residential surveillance. Lift the release on bail, residential surveillance, it shall timely notify the guarantor pending trial, residential surveillance and the units concerned.

Article Seventy-eighthArrests of criminal suspects, defendants, must be approved by a people's Procuratorate or by decision of a people's court, shall be executed by a public security organ.

Article seventy-ninth there is evidence to prove the facts of the crime, may be sentenced penalty above the suspect, the defendant, to take bail pending trial is not enough to prevent the danger to the society, should be arrested:

(a) may implement the new crime;

(two) the real danger endanger national security, public security or public order;

(three) may destroy or forge evidence, witnesses or collusion of interference;

(four) the victim, informants, may take revenge the complainant implementation;

(five) in an attempt to Dutch act or escape.

To have evidence to prove the facts of the crime, may be sentenced to more than ten years of punishment, or there is evidence to prove the facts of the crime, may be sentenced penalty above, once an intentional crime or unidentified, should be arrested.

A guarantor pending trial, the criminal suspect, defendant under residential surveillance violates bail, residential surveillance shall, if the circumstances are serious, can be arrested.

Article eightiethThe public security organ for the criminals or suspects, if any of the following circumstances, can advance detention:

(a)Is preparing to commit a crime, a crime or is discovered immediately after committing a crime;

(two) the victim or the eyes see people identify his crime;

(three) found evidence of a crime in the side or residence;

(four) after the crime attempted to escape or Dutch act, the fugitive;

(five) the destruction, falsifying evidence or collusion possible;

(six) does not say real full name, address, identity is unknown;

(seven) there are people who commit crimes, crime, gang crime has great suspicion of.